logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.12 2016구합70308
등록취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 26, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s registration of each of the Plaintiff’s numerical map work (registration number G) and spatial image drawing work (registration number H) on the ground that the Plaintiff was leased national technical qualification certificates (survey and topographical spatial data work) from B, C, D, E, and F (hereinafter “B, etc.”) in violation of Article 15(2) of the National Technical Qualifications Act (hereinafter “each of the instant dispositions”).

B CD ED E D EF I JI [based for recognition] without dispute, each entry in Gap evidence 1 to 5 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff's assertion did not have borrowed national technical qualification certificates from B, etc., and since B, etc. actually worked for the plaintiff company and performed the service, each of the dispositions of this case different from that of this case should be revoked as unlawful.

3. To make entries in the attached statutes concerned;

4. Determination on the legality of a disposition

A. Article 52 subparag. 14 of the Spatial Data Establishment, Management, etc. Act (hereinafter “Spatial Data Management Act”) provides that the registration of surveying business shall be revoked in cases where it is confirmed that a surveying business person has leased his/her national technical qualification certificate in violation of Article 15(2) of the National Technical Qualifications Act prohibiting lending his/her national technical qualification certificate, and Article 44(1)3 of the Spatial Data Management Act and Article 34(1)5 and 7 of the Enforcement Decree of the Spatial Data Construction, Management, etc. Act (hereinafter “the Spatial Data Management Act”) include spatial image painting and numerical map production business.

B. The main sentence of Article 44(2) of the Spatial Data Management Act provides that a person who intends to engage in surveying business shall meet the registration standards for technical human resources, equipment, etc. prescribed by Presidential Decree by type of business and register with the Minister of Land

arrow